High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of MANDAMUS to declare the action of respondents in not dropping the disciplinary proceedings against the petitioner pursuant to Article of Charges vide No.A3/536/2020 dated 3110712020 in view of quashing the criminal charge in C.C.No.219 112021 on the file of the Il Additional Judicial Magistrate of First Class at Karimnagar, by the Honourable High Court in Criminal petition No.6895 of 2021 daled 26/0712024 is illegal arbitrary and unconstitutional with a consequential direction to the respondents to . drop disciplinary proceedings against the petitioner pursuant to Article of Charges vide No.A3/ 536/2020 dated 311O712020 in view of quashing the criminal charge in C.C.No.2191/2021 on the file of the ll Additional Judicial Magistrate of First Class at Karimnagar, by the Hon'ble High Court in Criminal petition No.6B95 of 2021 dated 2610712024 duly taking into the consideration as the petilioner is retiring from service on 3010612025. 7 lA NO: 1 OF 2025 Petition unde- Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents (lrop disciplinary proceedings against tlre petitioner pursuant to Article of Charge:; vide No.43/53612020 dated 3110712O2'.Ct in view of quashing the criminal charge in C.C.No.21911202'1 on the file of.the ll Additional Judicial Magistrate of First Class at Karimnagar, by the Honourable High Court in Criminal petition No 6895 of 2021 dated 2610712024 forthwith duly taking into the consideration as the petitioner is retiring from service on 3010612025 by disposing of his rsp's5gntation pending disposal of the Writ Petition in t interest of justice.. Counsel for the Petitioner: SRI NAYAKAWADI RAMESH Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER THE HON'BLE SRI J(,STICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.1OO18 of 2025 ORDER: This Writ Petition is Iiled by the petitioner seeking the following relief: '...to r3sue a Writ or order ot dtection, more portianlarlu a Writ of Mandamus declqrinq tfre dction of respondents in ftot d.roppinq tl@ discbtinaru proceedinqs a.to:irlst the petitioner pursuant to Article of Charoes uide No A3/536/2020 dated 31.07.2020 in uiew of quashinq tlp. cimtnal charqe tt CC No.2191 of 2021 on the file of thc II AdditiotLal Judicial Maqistrate of First Clo-ss at Korimnagar bu tlle Honoweble. Hiqh Courl irt Cirn taL petitiort No 6a95 of 2O21 dated 26/ 07 / 2O24 rs tlleqdl arbitraru and uicon:;titutional with d cotlsequetiiaL direction to the respondents to drop disciplinary proceed.irtrls .,qc'inst the petitioner pursuant to Article of Char(PS uide No A3/ 536/ 2020 <lat.ed 31/07/202O in uielu of quashilg the cnminal chorqe, in CC No.2191 of 2021 on the file of the II Additional Juclicktl Maqistrate of l-Irsf Class at Karimnaqd. b! the Horl'ble lliah Court ii Ciminal petition No 6895 of 2021 d.dted 26/ 07/ 2024 dufu takinq iLto the con-sidenltion as the petitioner is rctiing Ircn seruice ott J0/O6/2025 and poss such otler order etc...'

2. Heard Mr. N.Ramesh, learned counsel appearing for the petitioner and learned Government Pleader for Services-I (Revenue) appearing for the respondents. Perused the material on record.

3. l,earned counsel for the petitioner submits that the present writ petition has been filed by the petitioner aggrieved by the action of the respondents in not dropping the disciplinary proceedings pursuant to the Article of Charges vide No.A3/536/2O20, dated 31.O7.2O2O despite the quashing of criminal proceedings against him in C.C. No.2191 of 2O2l on the \ 2 file of the learr.red ll Additional Judicial Magistrat: of First Class at Karimnagar, rv this Court in Criminal Petition .\o.6895 of 2021, dated 26.O7.2021. It is further submitted that the charges in the disciplinary proceedings and the criminal -case are identical, involving the same far:ts, charges, evidence, anrl witnesses, and that the continuation of the disciplinar5r proceedings is iliegal and arbitrary. Herrce, the writ petition.

4. Learned counsel for the petitioner further srrbmits that the petitioner \&.a-s appointed as a Village Assistant in the year l9g7 and, after ren dering services in various posts, rv,as promoted to the post of Del;uty Talsildar in the year 2017. \Vhile working as Naib TahsildrLr, :r criminal case was register.ed against the petitioner in I'.[.R. No.196 of 2O2O on 24.07.2O,.2t), alleging that the petitioner had fraudulently created a mal--ral pahani by entering the nrtme of one Thula Anil as pattedar c,f land in Survey No. 184 of Bonmakal Village w.ith the assistance of a private person. As a result, the petitioner was placed under suspension vide proceedin gs dated 31 .O7 .2020 by the respondents, and a charge memo r rde No.A3/536/2020, dated 3l.OT.,.aO2O was issued under Rule 20 of the Civil Services (CCA) Rules, 1965. Therefore, charge sheet -ras been filed and the sarne was numbered as C.C. No.219 1 of 2O2I before the learned II Additional Judicial Magistrate of First Class, Karimnagar. It is further submitted that the petitioner submitted a detailed explanation in response to the charge memo, requesting the disciplinary procgedings be dropped. However, the enquiry ofhcer's report led to the imposition of the penalty of "stoppage of three annual grade increments without cumulative effect" under Proc.No.VSIII(1l,.26212021, dated

29.O3.2021. Aggrieved by the punishment orders, the petitioner preferred an appeal, but the appellate authority conltrmed the punishment orders under Proc.No.A3/731 l2O2O, dated

03.ro.2021.

5. l,earned counsel for the petitioner further submits that ttre petitioner frled W.P. No.26573 of 2022 challenging the punishment orders dated 29.03.2027. This Court allowed the writ petition by setting aside the punishment orders dated 29.03,2021, and directed the respondent authorities to conduct a fresh enqurry in accordance with Rule 20 of the Telangana Civil Services Rules, 199 1. Subsequently, the petitioner a-lso filed Criminal Petition No.6895 of 2O2l seeking to quash the criminal proceedings in C.C. No.2 191 of 2O2I. Accordingly, this Court i I l 4 allowed the <:riminal petition, quashing the proceedings against the petitioner in C.C. No.2191 of 2O2I on 26.07.2'(t24.

6. Despite the quashing of the criminal proceedings, the petitioner mzrde repeated representations i.e., on 12.O8.2024, O9.1O.2O24, rmd 21.03.2025 to the respondents;, requesting to drop the discipiinary proceedings, as the petitior:.er is set to retire on 30.06.202 5, but the respondents failed to aot on them. As a result, the pelitioner hled the present writ petition. 7 . Having considered the submissions made by the learned counsel for the petitioner, this Court is of th e view that the disciplinary p-oceedings initiated against the petLtioner cannot be sustained in the light of the quashing of the crinrinal proceedings by this Court in Criminal Petition No.6895 of 2O2l by an order dated 26.O7.2,)24.

8. Therefore, the respondent authorities are dir-ected to take a frnal decisiorr regarding the dropping of :he disciplinary proceedings ir-., itiated against the petitioner pursua.nt to the Article of Charges *,ia. No.Rs7sg6/2o2o, dated 31.07.2O2o in view of quashing the r:rirninal proceedings in C.C. No.2191 of 2021 on the file of the learrred II Additional Judicial Magistrate of First Class at 5 Karimnagar, by this Court in Criminal Petition No.6895 of 2021, dated 26.07.2O24, within a period of three (03) weeks from the date of receipt of a copy of this order.

9. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. SD/.A. SRINIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Revenue Department, Sec tariat Buildings, Hyderabad, State ofTe 2. The Commissioner of L 3. The District Collector and District Magistrate, Karimnagar District 4. One CC to S Rl NAYAKAWADI RAMESH, Advocate IOPUC] 5. Two CCs to GP FOR SERVICES-|, High Court for the State of Telangana, at ana. Administration, Telangana State, Hyderabad. Hyderabad. [OUT]

6. Two CD Copies To PSK. BS& c) HIGH COURT DATED:0810412025 ORDER WP.No.10018 of 2025 , ! o e f, € STAre. l9 fiPfl ?$6 o * .4, * \:-\=.:^ Dt, ! :.I l DISPOSING OF THE WRIT PETITION WITHOUT COSTS €)t{' %,, I i ! i I : I i I I i t i I ! t i